TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
HEAD
Sec. 842. Unlawful acts
STATUTE
(a) It shall be unlawful for any person -
(1) to engage in the business of importing, manufacturing, or
dealing in explosive materials without a license issued under
this chapter;
(2) knowingly to withhold information or to make any false or
fictitious oral or written statement or to furnish or exhibit any
false, fictitious, or misrepresented identification, intended or
likely to deceive for the purpose of obtaining explosive
materials, or a license, permit, exemption, or relief from
disability under the provisions of this chapter;
(3) other than a licensee or permittee knowingly -
(A) to transport, ship, cause to be transported, or receive
any explosive materials; or
(B) to distribute explosive materials to any person other
than a licensee or permittee; or
(4) who is a holder of a limited permit -
(A) to transport, ship, cause to be transported, or receive
in interstate or foreign commerce any explosive materials; or
(B) to receive explosive materials from a licensee or
permittee, whose premises are located outside the State of
residence of the limited permit holder, or on more than 6
separate occasions, during the period of the permit, to receive
explosive materials from 1 or more licensees or permittees
whose premises are located within the State of residence of the
limited permit holder.
(b) It shall be unlawful for any licensee or permittee to
knowingly distribute any explosive materials to any person other
than -
(1) a licensee;
(2) a holder of a user permit; or
(3) a holder of a limited permit who is a resident of the State
where distribution is made and in which the premises of the
transferor are located.
(c) It shall be unlawful for any licensee to distribute explosive
materials to any person who the licensee has reason to believe
intends to transport such explosive materials into a State where
the purchase, possession, or use of explosive materials is
prohibited or which does not permit its residents to transport or
ship explosive materials into it or to receive explosive materials
in it.
(d) It shall be unlawful for any person knowingly to distribute
explosive materials to any individual who:
(1) is under twenty-one years of age;
(2) has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by imprisonment
for a term exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(6) has been adjudicated a mental defective or who has been
committed to a mental institution;
(7) is an alien, other than an alien who -
(A) is lawfully admitted for permanent residence (as defined
in section 101(a)(20) of the Immigration and Nationality Act);
(B) is in lawful nonimmigrant status, is a refugee admitted
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), or is in asylum status under section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158), and -
(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary (!1) in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business; or
(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
(C) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as determined
by the Attorney General in consultation with the Secretary of
Defense, who is present in the United States under military
orders for training or other military purpose authorized by the
United States and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of the
authorized military purpose; or
(D) is lawfully present in the United States in cooperation
with the Director of Central Intelligence, and the shipment,
transportation, receipt, or possession of the explosive
materials is in furtherance of such cooperation;
(8) has been discharged from the armed forces under
dishonorable conditions; (!2)
(9) having been a citizen of the United States, has renounced
the citizenship of that person.
(e) It shall be unlawful for any licensee knowingly to distribute
any explosive materials to any person in any State where the
purchase, possession, or use by such person of such explosive
materials would be in violation of any State law or any published
ordinance applicable at the place of distribution.
(f) It shall be unlawful for any licensee or permittee willfully
to manufacture, import, purchase, distribute, or receive explosive
materials without making such records as the Attorney General may
by regulation require, including, but not limited to, a statement
of intended use, the name, date, place of birth, social security
number or taxpayer identification number, and place of residence of
any natural person to whom explosive materials are distributed. If
explosive materials are distributed to a corporation or other
business entity, such records shall include the identity and
principal and local places of business and the name, date, place of
birth, and place of residence of the natural person acting as agent
of the corporation or other business entity in arranging the
distribution.
(g) It shall be unlawful for any licensee or permittee knowingly
to make any false entry in any record which he is required to keep
pursuant to this section or regulations promulgated under section
847 of this title.
(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or
pledge or accept as security for a loan, any stolen explosive
materials which are moving as, which are part of, which constitute,
or which have been shipped or transported in, interstate or foreign
commerce, either before or after such materials were stolen,
knowing or having reasonable cause to believe that the explosive
materials were stolen.
(i) It shall be unlawful for any person -
(1) who is under indictment for, or who has been convicted in
any court of, a crime punishable by imprisonment for a term
exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who is an alien, other than an alien who -
(A) is lawfully admitted for permanent residence (as that
term is defined in section 101(a)(20) of the Immigration and
Nationality Act);
(B) is in lawful nonimmigrant status, is a refugee admitted
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), or is in asylum status under section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158), and -
(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary (!1) in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business; or
(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
(C) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as determined
by the Attorney General in consultation with the Secretary of
Defense, who is present in the United States under military
orders for training or other military purpose authorized by the
United States and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of the
authorized military purpose; or
(D) is lawfully present in the United States in cooperation
with the Director of Central Intelligence, and the shipment,
transportation, receipt, or possession of the explosive
materials is in furtherance of such cooperation;
(6) who has been discharged from the armed forces under
dishonorable conditions; (!2)
(7) who, having been a citizen of the United States, has
renounced the citizenship of that person (!3)
to ship or transport any explosive in or affecting interstate or
foreign commerce or to receive or possess any explosive which has
been shipped or transported in or affecting interstate or foreign
commerce.
(j) It shall be unlawful for any person to store any explosive
material in a manner not in conformity with regulations promulgated
by the Attorney General. In promulgating such regulations, the
Attorney General shall take into consideration the class, type, and
quantity of explosive materials to be stored, as well as the
standards of safety and security recognized in the explosives
industry.
(k) It shall be unlawful for any person who has knowledge of the
theft or loss of any explosive materials from his stock, to fail to
report such theft or loss within twenty-four hours of discovery
thereof, to the Attorney General and to appropriate local
authorities.
(l) It shall be unlawful for any person to manufacture any
plastic explosive that does not contain a detection agent.
(m)(1) It shall be unlawful for any person to import or bring
into the United States, or export from the United States, any
plastic explosive that does not contain a detection agent.
(2) This subsection does not apply to the importation or bringing
into the United States, or the exportation from the United States,
of any plastic explosive that was imported or brought into, or
manufactured in the United States prior to the date of enactment of
this subsection by or on behalf of any agency of the United States
performing military or police functions (including any military
reserve component) or by or on behalf of the National Guard of any
State, not later than 15 years after the date of entry into force
of the Convention on the Marking of Plastic Explosives, with
respect to the United States.
(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive that does not
contain a detection agent.
(2) This subsection does not apply to -
(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or brought
into, or manufactured in the United States prior to the date of
enactment of this subsection by any person during the period
beginning on that date and ending 3 years after that date of
enactment; or
(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or brought
into, or manufactured in the United States prior to the date of
enactment of this subsection by or on behalf of any agency of the
United States performing a military or police function (including
any military reserve component) or by or on behalf of the
National Guard of any State, not later than 15 years after the
date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States.
(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on
the date of enactment of this subsection, to fail to report to the
Attorney General within 120 days after such date of enactment the
quantity of such explosives possessed, the manufacturer or
importer, any marks of identification on such explosives, and such
other information as the Attorney General may prescribe by
regulation.
(p) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction. -
(1) Definitions. - In this subsection -
(A) the term "destructive device" has the same meaning as in
section 921(a)(4);
(B) the term "explosive" has the same meaning as in section
844(j); and
(C) the term "weapon of mass destruction" has the same
meaning as in section 2332a(c)(2).
(2) Prohibition. - It shall be unlawful for any person -
(A) to teach or demonstrate the making or use of an
explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, with the intent that the teaching, demonstration,
or information be used for, or in furtherance of, an activity
that constitutes a Federal crime of violence; or
(B) to teach or demonstrate to any person the making or use
of an explosive, a destructive device, or a weapon of mass
destruction, or to distribute to any person, by any means,
information pertaining to, in whole or in part, the manufacture
or use of an explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use the
teaching, demonstration, or information for, or in furtherance
of, an activity that constitutes a Federal crime of violence.
SOURCE
(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
Stat. 953; amended Pub. L. 100-690, title VI, Sec. 6474(c), (d),
Nov. 18, 1988, 102 Stat. 4380; Pub. L. 101-647, title XXXV, Sec.
3521, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103-322, title XI,
Secs. 110508, 110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.
104-132, title VI, Sec. 603, title VII, Sec. 707, Apr. 24, 1996,
110 Stat. 1289, 1296; Pub. L. 106-54, Sec. 2(a), Aug. 17, 1999, 113
Stat. 398; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1122(b),
1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; Pub. L. 108-177,
title III, Sec. 372, Dec. 13, 2003, 117 Stat. 2627.)
REFERENCES IN TEXT
Section 101(a)(20) of the Immigration and Nationality Act,
referred to in subsecs. (d)(7)(A) and (i)(5)(A), is classified to
section 1101(a)(20) of Title 8, Aliens and Nationality.
The date of enactment of this subsection, referred to in subsecs.
(m)(2), (n)(2), and (o), is the date of enactment of Pub. L. 104-
132, which was approved Apr. 24, 1996.
AMENDMENTS
2003 - Subsec. (d)(7)(A). Pub. L. 108-177, Sec. 372(a)(1), struck
out "or" at end.
Subsec. (d)(7)(B). Pub. L. 108-177, Sec. 372(a)(2), inserted "or"
at end of cl. (i) and struck out cls. (iii) and (iv) which read as
follows:
"(iii) is a member of a North Atlantic Treaty Organization (NATO)
or other friendly foreign military force, as determined by the
Secretary in consultation with the Secretary of Defense, (whether
or not admitted in a nonimmigrant status) who is present in the
United States under military orders for training or other military
purpose authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials is in
furtherance of the military purpose; or
"(iv) is lawfully present in the United States in cooperation
with the Director of Central Intelligence, and the shipment,
transportation, receipt, or possession of the explosive materials
is in furtherance of such cooperation;".
Subsec. (d)(7)(C), (D). Pub. L. 108-177, Sec. 372(a)(3), added
subpars. (C) and (D).
Subsec. (i)(5)(A). Pub. L. 108-177, Sec. 372(b)(1), struck out
"or" at end.
Subsec. (i)(5)(B). Pub. L. 108-177, Sec. 372(b)(2), inserted "or"
at end of cl. (i) and struck out cls. (iii) and (iv) which read as
follows:
"(iii) is a member of a North Atlantic Treaty Organization (NATO)
or other friendly foreign military force, as determined by the
Secretary in consultation with the Secretary of Defense, (whether
or not admitted in a nonimmigrant status) who is present in the
United States under military orders for training or other military
purpose authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials is in
furtherance of the military purpose; or
"(iv) is lawfully present in the United States in cooperation
with the Director of Central Intelligence, and the shipment,
transportation, receipt, or possession of the explosive materials
is in furtherance of such cooperation;".
Subsec. (i)(5)(C), (D). Pub. L. 108-177, Sec. 372(b)(3), added
subpars. (C) and (D).
2002 - Subsec. (a)(3), (4). Pub. L. 107-296, Sec. 1122(b)(1),
(2), added pars. (3) and (4) and struck out former par. (3) which
read as follows: "other than a licensee or permittee knowingly -
"(A) to transport, ship, cause to be transported, or receive in
interstate or foreign commerce any explosive materials, except
that a person who lawfully purchases explosive materials from a
licensee in a State contiguous to the State in which the
purchaser resides may ship, transport, or cause to be transported
such explosive materials to the State in which he resides and may
receive such explosive materials in the State in which he
resides, if such transportation, shipment, or receipt is
permitted by the law of the State in which he resides; or
"(B) to distribute explosive materials to any person (other
than a licensee or permittee) who the distributor knows or has
reasonable cause to believe does not reside in the State in which
the distributor resides."
Subsec. (b). Pub. L. 107-296, Sec. 1122(b)(3), added subsec. (b)
and struck out former subsec. (b) which read as follows: "It shall
be unlawful for any licensee knowingly to distribute any explosive
materials to any person except -
"(1) a licensee;
"(2) a permittee; or
"(3) a resident of the State where distribution is made and in
which the licensee is licensed to do business or a State
contiguous thereto if permitted by the law of the State of the
purchaser's residence."
Subsec. (d)(6). Pub. L. 107-296, Sec. 1123(a)(2), substituted "or
who has been committed to a mental institution;" for period at end.
Subsec. (d)(7) to (9). Pub. L. 107-296, Sec. 1123(a)(1), (3),
added pars. (7) to (9).
Subsec. (f). Pub. L. 107-296, Sec. 1112(e)(3), substituted
"Attorney General" for "Secretary".
Subsec. (i). Pub. L. 107-296, Sec. 1123(b)(3), inserted "or
affecting" before "interstate" in two places in concluding
provisions.
Subsec. (i)(5) to (7). Pub. L. 107-296, Sec. 1123(b)(1), (2),
added pars. (5) to (7).
Subsecs. (j), (k), (o). Pub. L. 107-296, Sec. 1112(e)(3),
substituted "Attorney General" for "Secretary" wherever appearing.
1999 - Subsec. (p). Pub. L. 106-54 added subsec. (p).
1996 - Subsec. (h). Pub. L. 104-132, Sec. 707, amended subsec.
(h) generally. Prior to amendment, subsec. (h) read as follows: "It
shall be unlawful for any person to receive, conceal, transport,
ship, store, barter, sell, or dispose of any explosive materials
knowing or having reasonable cause to believe that such explosive
materials were stolen."
Subsecs. (l) to (o). Pub. L. 104-132, Sec. 603, added subsecs.
(l) to (o).
1994 - Subsec. (d). Pub. L. 103-322, Sec. 110516, substituted
"any person" for "any licensee" in introductory provisions.
Subsec. (i). Pub. L. 103-322, Sec. 110508, inserted "or possess"
after "receive" in concluding provisions.
1990 - Subsec. (d)(5). Pub. L. 101-647, Sec. 3521(1), substituted
"; or" for a period.
Subsec. (i)(3). Pub. L. 101-647, Sec. 3521(2), substituted "; or"
for a period.
1988 - Subsec. (d)(5). Pub. L. 100-690, Sec. 6474(c), amended
par. (5) generally. Prior to amendment, par. (5) read as follows:
"is an unlawful user of marihuana (as defined in section 4761 of
the Internal Revenue Code of 1954) or any depressant or stimulant
drug (as defined in section 201(v) of the Federal Food, Drug, and
Cosmetic Act) or narcotic drug (as defined in section 4721(a) of
the Internal Revenue Code of 1954); or".
Subsec. (i)(3). Pub. L. 100-690, Sec. 6474(d), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "who is an
unlawful user of or addicted to marihuana (as defined in section
4761 of the Internal Revenue Code of 1954) or any depressant or
stimulant drug (as defined in section 201(v) of the Federal Food,
Drug, and Cosmetic Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of 1954); or".
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
MISCELLANEOUS
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by sections 1112(e)(3) and 1123 of Pub. L. 107-296
effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-
296, set out as an Effective Date note under section 101 of Title
6, Domestic Security.
Amendment by section 1122(b) of Pub. L. 107-296 effective 180
days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,
set out as a note under section 843 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 603 of Pub. L. 104-132 effective 1 year
after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as
a note under section 841 of this title.
FOOTNOTE
(!1) So in original. Probably should be "Attorney General".
(!2) So in original. Probably should be followed by "or".
(!3) So in original. Probably should be followed by a semicolon.
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